Review by the Court of Appeals of the validity of administrative rules pursuant to Minnesota Statutes, section 14.44, may be obtained by:
(a) filing a petition for declaratory judgment with the clerk of the appellate courts;
(b) paying the filing fee of $550 to the clerk of the appellate courts, unless no fee is required pursuant to Rule 103.01, subdivision 3;
(c) serving the petition upon the attorney general and the agency or body whose rule is to be reviewed; and
(d) filing proof of service with the clerk of the appellate courts.
No cost bond need be filed unless required upon motion for good cause pursuant to Rule 107.
(Added effective January 1, 1999; amended effective July 1, 2003; amended effective July 1, 2009; amended effective July 1, 2014.)
The petition shall briefly describe the specific rule to be reviewed and the errors claimed by petitioner. The statement of the case pursuant to Rule 133.03 and a copy of the rule which is to be reviewed shall be filed with the petition. The title and form of the petition shall conform to that shown in the appendix to these rules.
(Added effective January 1, 1999; amended effective July 1, 2014.)
Review of the validity of administrative rules shall be on the record made in the agency rulemaking process. To the extent possible, the description of the record contained in Rule 110.01 and the provisions of Rules 110.02, 110.05, and 111 shall apply to declaratory judgment actions.
Unless the time is extended by order of the court on a showing of good cause, the record shall be forwarded by the agency or body to the clerk of the appellate courts with an itemized list as described in Rule 111.01 within 30 days after service of the petition. A copy of the itemized list shall be served on all parties.
(Added effective January 1, 1999; amended effective January 1, 2010.)
Petitioner shall serve and file a brief and addendum within 30 days after transmission of the record by the agency or body, and briefing shall proceed in accordance with Rule 131.01.
(Added effective January 1, 1999; amended effective January 1, 2010; amended effective July 1, 2014.)
Persons, other than the petitioner, agency, and attorney general, may participate in the declaratory judgment action only with leave of the Court of Appeals. Permission may be sought by filing a motion with the Court of Appeals pursuant to Rule 127 or 129 and serving that motion upon all other parties. The motion shall describe the nature of the movant's participation below, the interest which would be represented in the declaratory judgment action, and the manner in which the rule affects the rights or privileges of the moving party.
(Added effective January 1, 1999.)